[Federal Register Volume 88, Number 189 (Monday, October 2, 2023)]
[Proposed Rules]
[Pages 67682-67683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21654]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 /
Proposed Rules
[[Page 67682]]
DEPARTMENT OF ENERGY
10 CFR Part 474
[EERE-2021-VT-0033]
RIN 1904-AF47
Petroleum-Equivalent Fuel Economy Calculation
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notification of ex parte communication; request for comments.
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SUMMARY: On April 11, 2023, the U.S. Department of Energy (DOE)
published a notice of proposed rulemaking (NOPR), in which DOE proposed
regulations regarding procedures for calculating a value for the
petroleum equivalent fuel economy of electric vehicles (EVs) for use in
the Corporate Average Fuel Economy (CAFE) program administered by the
Department of Transportation (DOT). In their comments to DOE's NOPR,
the Alliance for Automotive Innovation (Auto Innovators) raised the
issue of the ability of manufacturers to comply with the proposed PEF
in 2027 due to vehicle design cycles. DOE is providing notice that it
sent follow-up letters to member companies of the Auto Innovators
inviting the companies to provide information to clarify the challenges
to implementing the revised standard to apply to model year (MY) 2027-
2031 vehicles as proposed. In this notice and request for comment, DOE
requests additional comment on the questions posed to the Auto
Innovator members providing a similar opportunity to all stakeholders.
DATES: The comment period for the NOPR that published on April 11,
2023, closed on June 12, 2023 (88 FR 21525). DOE will accept comments
responding to this document on or before October 17, 2023.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at www.regulations.gov. Follow the
instructions for submitting comments. Alternatively, interested persons
may submit comments, identified by RIN 1904-AF47, by any of the
following methods:
Federal eRulemaking Portal: www.regulations.gov/docket/EERE-2021-VT-0033. Follow the instructions for submitting comments.
Email: [email protected]. Include the RIN 1904-AF47
in the subject line of the message.
Postal Mail: U.S. Department of Energy, RIN 1904-AF47, 1000
Independence Avenue SW, Washington, DC 20585. If possible, please
submit all items on a compact disc (``CD''), in which case it is not
necessary to include printed copies.
No telefacsimilies (faxes) will be accepted. Hand delivered
comments may be accepted upon request. For detailed instructions on
submitting comments and additional information on the rulemaking
process, see Public Participation section for details.
Docket: The docket, which includes Federal Register notices,
comments, and other supporting documents/materials, is available for
review at www.regulations.gov. All documents in the docket are listed
in the www.regulations.gov index. However, some documents listed in the
index such as those containing information that is exempt from public
disclosure, may not be publicly available.
The docket web page can be found at the www.regulations.gov web
page associated with RIN 1904-AF47. The docket web page contains simple
instructions on how to access all documents, including public comments,
in the docket. See Public Participation for information on how to
submit comments through www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Mr. Kevin Stork, U.S. Department of Energy, Vehicle Technologies
Office, EE-3V, 1000 Independence Avenue SW, Washington, DC 20585.
Telephone: (202) 586-8306. Email: [email protected].
Ms. Laura Zuber, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (240) 306-7651. Email: [email protected].
SUPPLEMENTARY INFORMATION:
Request for Comments
On April 11, 2023, DOE proposed to update the petroleum-equivalency
factor used to calculate the fuel economy of electric vehicles (EVs).
88 FR 21525. DOE proposed that the revised PEF value apply to MY 2027
vehicles. 88 FR 21531. DOE noted that the proposed PEF value would
cover the same vehicles covered by the NHTSA CAFE regulation. In the
NOPR, DOE requested comments on this proposed approach. Id.
Several commenters submitted comments in response to this specific
request. Specifically, Auto Innovators raised concerns related to the
proposed effective date.\1\ Auto Innovators argued that because engine
design and development cycles are typically much longer than three
years, there are extremely limited opportunities for engine redesign
for model year 2027 vehicles. Auto Innovator Comments at 17. In
addition, Auto Innovators took the position that there is
``insufficient lead-time'' because the proposed PEF value would
``require even more rapid improvements to CAFE performance,'' but that
``product planning decisions have already been made.'' Id. Another
commenter suggested that if DOE did move forward with decreased PEF
value, that the decreased PEF value should not apply until after
2031.\2\
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\1\ Comments from the Alliance for Automotive Innovation, June
12, 2023 (Auto Innovator Comments).
\2\ Comments from Porsche Cars North America, Inc., June 12,
2023, at 3.
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On September 14, 2023, DOE sent letters to member companies of Auto
Innovators inviting them to clarify comments regarding the effective
date.\3\ DOE posted a memorandum in the docket for this rulemaking that
identifies the recipients of these letters and includes a PDF of the
letters. Responses to that letter will be included in the docket for
this rulemaking (except information deemed to be exempt from public
disclosure).
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\3\ DOE posted a memorandum regarding ex parte communication in
the docket for this rulemaking the same day as it posted this
request. This memorandum states that DOE sent the posted letters to
members of Auto Innovators on September 14, 2023.
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DOE is taking public comment on the same two questions that DOE
posed to the Auto Innovators:
1. Identify specific situations where there is a risk that an
automaker would
[[Page 67683]]
have lead time challenges should the NOPR be finalized as proposed.
2. Provide information, data, and associated analysis detailing
specific challenges regarding to lead time.
Public Participation
DOE will accept data and information responding to this document,
but no later than the date provided in the DATES section at the
beginning of this document. Interested parties may submit the requested
data and information using any of the methods described in the
ADDRESSES section at the beginning of this document.
Submitting responses via www.regulations.gov. The
www.regulations.gov web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
response is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
response due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your response.
However, your contact information will be publicly viewable if you
include it in the response itself or in any documents attached to your
response. Any information that you do not want to be publicly viewable
should not be included in your response, nor in any document attached
to your response. Persons viewing responses will see only first and
last names, organization names, correspondence containing responses,
and any documents submitted with the responses.
Do not submit to www.regulations.gov information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (CBI)). Responses submitted through
www.regulations.gov cannot be claimed as CBI. Responses received
through the website will waive any CBI claims for the information
submitted. For information on submitting CBI, see the Confidential
Business Information section.
DOE processes submissions made through www.regulations.gov before
posting. Normally, responses will be posted within a few days of being
submitted. However, if large volumes of responses are being processed
simultaneously, your response may not be viewable for up to several
weeks. Please keep the tracking number that www.regulations.gov
provides after you have successfully uploaded your response.
Submitting comments via email or postal mail. Responses and
documents submitted via email or postal mail also will be posted to
www.regulations.gov. If you do not want your personal contact
information to be publicly viewable, do not include it in your response
or any accompanying documents. Instead, provide your contact
information in a cover letter. Include your first and last names, email
address, telephone number, and optional mailing address. The cover
letter will not be publicly viewable as long as it does not include any
requested information.
Include contact information each time you submit responses, data,
documents, and other information to DOE. If you submit via postal mail
please provide all items on a CD, if feasible, in which case it is not
necessary to submit printed copies. No telefacsimiles (``faxes'') will
be accepted.
Responses, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, that are written in English, and that are free of any
defects or viruses. Documents should not contain special characters or
any form of encryption and, if possible, they should carry the
electronic signature of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces processing and posting time.
Confidential Business Information. Pursuant to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email two well-marked copies: one copy of the document marked
``confidential'' including all the information believed to be
confidential, and one copy of the document marked ``non-confidential''
with the information believed to be confidential deleted. DOE will make
its own determination about the confidential status of the information
and treat it according to its determination.
It is DOE's policy that all responses may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
Signing Authority
This document of the Department of Energy was signed on September
26, 2023, by Jeffrey Marootian, Principal Deputy Assistant Secretary
for Energy Efficiency and Renewable Energy, pursuant to delegated
authority from the Secretary of Energy. That document with the original
signature and date is maintained by DOE. For administrative purposes
only, and in compliance with requirements of the Office of the Federal
Register, the undersigned DOE Federal Register Liaison Officer has been
authorized to sign and submit the document in electronic format for
publication, as an official document of the Department of Energy. This
administrative process in no way alters the legal effect of this
document upon publication in the Federal Register.
Signed in Washington, DC, on September 27. 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-21654 Filed 9-29-23; 8:45 am]
BILLING CODE 6450-01-P